The Fruit of the Poisonous Tree Doctrine and the Fourth Amendment

WK 8 325
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Institution
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WK 8 325
The fruit of the poisonous tree doctrine is used as imagery or symbol to describe information or evidence obtained through unlawful means. The terminology argues that when the source of the evidence is not legal, then the information gained is also unlawful. In this regard, the doctrine mandates that any info gained from a tainted source should never be admitted in court. In a court decision, the doctrine was first established in 1920 in Silverthorne Lumber Co. v. the United States. In 1939, justice Frankfurter coined the fruit of the poisonous tree phrase in Nardone v. the United States. While the doctrine is applied, three exceptions apply to the evidence when under consideration to be admitted in court (Lemley, 2017). The evidence can be admitted in court if it was discovered from any other source independent of the unlawful procedure; its discoverability was unavoida...